Sex Abuse: Upper Shari’a Court Directs Retrial Of  Case To Ascertain Paternity Of Child 

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By; SANI ALIYU, Zaria


The Upper Sharia Court II ‘Yan Tukwane Zaria City has quashed the decision of Sharia Court II, Sabon Gari Zaria which convicted Rabi’u Ibrahim for impregnating one Zaliha Hussaini.
The presiding Judge, Alhaji Musa Hunkuyi while delivering the judgment, returned the case to Shari’a Court II, Sabon Gari Zaria for retrial of the case to ascertain the position of the child in line with the initial claims of the plaintiff.
The court noted that the trial court erred by turning the civil matter into criminal matter and convicted the plaintiff for impregnating the Appellant (Zaliha Hussaini).
Ms Zaliha Hussain  approached the Upper Sharia Court II, ‘Yan Tukwane Zaria City, seeking for a review of the judgment of Sharia Court II, Sabon Gari- Zaria, which convicted Rabiu Ibrahim for impregnating her.
It would be recalled that in December 2020, Rabiu Ibrahim instituted a case against Zaliha Hussaini before Shari’a Court II, Sabon Gari-Zaria, seeking for an order to disassociate him from a claim that he impregnated her.
On September 13, 2021, Sharia Court II, presided over by Shittu Umar, found Rabiu Ibrahim guilty of impregnating Zaliha Hussain illegally.
Ibrahim was subsequently sentenced to three years imprisonment with an option of a fine of N60,000.
However, Hussain, through her counsel, Messr A.U. Hajji and Associates, appealed the judgment of Sharia Court II, Sabon Gari, to Upper Sharia Court II Zaria City, seeking for a review of the judgment.
Counsel of the Appellant, Miss Shafaátu Nasirideen expressed satisfaction with the judgment of the court.
In his response, the respondent, represented by Mr Uwaisu Adamu, also expressed satisfaction with the judgment adding that his client was the one who instituted the initial case and he would ensure the directives of the court are followed to later. 

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